08-05-2026 - COURT OF MR. K. M. SOJITRA, PDJ, AHMEDABAD (RURAL)

Ajouté : 2026-05-09

[00:02:11]Even so the submission is very clear. We have only this one of the GPL attachment for If I can take a minute, there is nothing of the kind of circumstantial The only the agreement itself clearly says I have received 1 cr in the account. I making a statement I deposit other than that. So there must be something some message someunication some of the statements they are relying upon possibly statements of witnesses. I would say they would be accused but witnesses nothing. There is no document. There is no dispute nothing to indicate that therefore they have come to a unused for that primal faces of something has to be there. I can understand you might inference basis some document which will be inadmissible and honorable absolutely nothing sir.

[00:04:40]I mean what I was either NP or GP went to went to the extent that this act would be overriding over PMLA or anything because victims Just to show what is the case against me even as for the epidemic how many total five shops five shots I am not accused.

[00:05:56]That is a different argument.

[00:06:00]That is my complaint.

[00:06:09]I'm the person who constructed develop this developer.

[00:06:12]I have received one cr in my account and my application is to the effect that for these five shops on account an amount of 1 cr was paid. The transaction was not concluded and he was supposed to pay in the case that a the entire constitution received by way of cash. Now sir that is as such illegal after the demonetization I'll take the income tax act amendments a separate argument but additionally there is no collaborative evidence of whatsoever nature except for the statements of persons most of whom are accused persons therefore statement of inadmissible and possibly one or two >> witnesses GP >> I'm not an accused in GP the purchaser have purchased the property who are >> yes in GP yes in GP they're accused And your property will be on the ground.

[00:07:18]That is their possible case that say transaction has not been completed.

[00:07:24]>> Yes. My say is that I have received 1 cr in the bank account from the bank into my own account. That 1 cr rupees I am ready and willing given. Today I have made a statement. I have the bank balance. I can deposit by of an FD subject to outcome of trials or whatever honorable court decides. My specific objection or contention is regard to the allegation or the case.

[00:07:52]object entire property say the property has changed hands from you to the contention I havely objecting and I'm saying there is nothing on record in the nature of even primma facy or cooperative thing except statement otherwise honorable statement there is nothing anybody can see anything in the statement this transaction is first of all not permissible income tax section 269 ST was inserted.

[00:08:23]Section 269 capital ST mandates more than two rupees cash is illegal. You cannot transact with that in any transaction. After that honorable honorable Supreme Court has a specific performance transaction report one must also take care about those nuances of civil side. So my content is this transaction is not permissible in law.

[00:08:42]Secondly, even if they alleging that I have entered into some illegal transaction, then somethingative I said to recover the money. For example, I take a case, I have to have something, WhatsApp some something to indicate otherwise I may say I have 50 from this person where will that end at least something to even substantiate. I'm not even saying it will be admissible inadmissible secondary where I assist the honorable court admissible accusment is inadmissible et all that will come of course but for that to come for me to cross that hurdle at least something must be placed on record otherwise where will this end if they are going to rely only on the statement of a person in the absence of anything Then tomorrow they'll say by both the agencies.

[00:09:38]>> Yes, by both the agencies. So PMLA I'm now of course contesting for the criminal. So that I'm not I have not even moved an application there.

[00:09:47]>> I'm sorry. No, >> there is no register.

[00:09:51]Nothing.

[00:09:53]>> Yes, it was it was I have constructed this entire premises. This accused person approached me and they said hospital he me no sale nothing at all and he only said because I have to start some work I'm doing it I said okay you can do some inter work in the meantime now that they're inter so I have neither executed any sale deed there is no registered document I have not received the consideration I have received some x amount which I'm going to deposit today. But how can my shops be attached for all time to come in the absence of any evidence?

[00:10:34]So the only submission is this otherwise sir there is nothing anybody will say because it may be a GP I 100% appreciate it's a stringent act meant to but there has to be something to indicate as I said GP ultimately the honorable court has to look at some kind of an evidence because otherwise even for an investor I would give an example I cannot come there has to be something to indicate that amount has transaction has taken place otherwise GPI will become something otherwise there is nothing to indicate. So the specific contention is that in if they have to produce something of that nature then I can attack it saying it is admissible not admissible cannot be considered this is a whatever but today sir they don't have anything so the only submission is today before the criminal for the PM separate that is separate because unfortunately both authorities have excised their discretion fixely honorable court will decide as to how and what manner of the properties are to be taken care of but as far as pending that the process is to go before the authorities what is the state I specific is only pending and if uh it is pending s that is matter because there is no kind of a final order is not pass is still pending ultimately to see it appear But anyway that is a different he has to cross that hurdle if he has if he is fighting for this whatever rights he has to he has to face it there is no whisper I'm is contained some bitcoin some this thing I am not concerned because I'm not an accused also I may just come straight away to par number 14 which is arjina kam tapas page Number six bottom right paging may read also having some connection with that.

[00:14:00]This is correct.

[00:14:09]Bitcoin Bitcoin that is the original number they have given the details of the case ultimately because PM is here they have been transferred GPH GP if that is there. So, so that is what as far as that bitcoin etc is concerned is the the details of the accused person. I am not concerned with that directly. The allegation against me or the application is if I read 14 page number six.

[00:15:19]Sur and so tal so and so so and so.

[00:15:22]Final floor block number so number 157 158 shop number 254 255 Foreign speech. Foreign speech. Foreign speech.

[00:15:58]Our filters number and so and so registration district and so number Fore! Foreign! Foreign!

[00:16:28]for payment.

[00:16:45]So, builds.

[00:17:20]This is the only amount received by that is one which I've admitted my application and lighting So and so furniture.

[00:17:56]Civil Electric. So and so and so and so and so and so and so and so and this is very telling. in my favor. I'll read that to the honorable court.

[00:18:51]So and so and so and soated comes to the southern Foreire enforcement driving and Special and so and so.

[00:20:12]Director of this is the allegation or this is the response rather as far as PMLA is concerned. Of course, I will not get the property right now. So I'll have to book that appeal separately but chat this is an independent right of mine to have the attachment GP ID taken back. So I don't know why that PM has mentioned it is relevant.

[00:20:40]This is the functionama on the day in which they have taken the possession of the shops in question 13th October 2018.

[00:20:59]relevant part.

[00:21:02]Second and so uh This is the present applicant.

[00:21:46]and so and so so and so there are there is a entire building going on there are multiple shops five shops given to him one cr received an account no dispute he has been permitted to do some internal work because he told me I'm a doctor I'm starting some hospital but the relevant part is first of all possession is irrelevant but even otherwise possession remains with me. The keys remain with me. He is only and the possession remains with me. The keys are taken from me when the seizure takes place. Punchama.

[00:22:22]If their own case was they come to me, the keys are given from me. I have given this in fact substantiates my case. There was no handing over possession also. The handing of possession itself would have no bearing. But even then on the facts of the punchama itself there is no handing over possession. Therefore the submission is the handing over possession has no bearing. On the facts of their own record which includes the punchama there is no handing order of possession. There is absolutely no evidence admissible in admissible etc. to indicate that any such transaction above the one crit has taken place.

[00:23:03]And as far as the one code is concerned s in the affidavit or in my application itself I have stated and I am ready and willing to deposit the same s before this honorable court.

[00:23:16]Therefore the only sufficient is that as far as this is concerned my application I have given full details including the factm.

[00:23:25]So I have not I have not considered anything.

[00:23:32]As far as that is concerned, I have given the full details and number including the prayer clause 19 that subject to my deposit possession will be given back to me. Ultimately as far as one is concerned that also subject to my rights and content in the trial but other than that sir I I am getting back the shop so I have no dispute one.

[00:23:57]Therefore, as far as one CR is concerned, I will be returning it back and because this is a GP case, instead of returning to the accused person, I will defer for the honorable court and honorable court may deal with it at the conclusion of trial as it deems fit in the interest of the victims or otherwise. But as far as the cash amount is concerned sir in that context kindly look at I'm sorry income tax section 269 sir pointing out that in so far as income tax is concerned after demonization in November 16 in April 17 with effect from section 269 SD was inserted and honorable would be well but only to point out more than two lakh rupees cash in any transaction is no longer permissible under the income tax and there are judgments of your honorable Supreme Court has taken the view where they have said that if any such transaction comes to notice of the honorable court then it must also direct the concern authority so therefore the submission is this ultimately except for a statement on the basis of a statement I'm again repeating the pursuit statement property they cannot see that there has to be some evidence beyond that otherwise statement that can't be how it would be decided even that that there should be some basis for making a such a statement attaching somebody's property some basis some chats some communication some signatures some diaries diary ent but something they must have at least and there I can assist the admissible share what is the but at least on what basis they especially I'm disputing in the reply it was expected they will point out therefore my application today stands unreed they are not reing Just one more value of my lunch is that even there is even the agreement to sell doesn't create a right in the lands also doesn't create right except to file for specific perform beyond that ATS creates no right in the land or dispute even a person having an ATS cannot see his right in the lands agreement.

[00:27:19]Anyway, >> yes.

[00:27:36]Hi I see my application.

[00:28:05]Thank you.

[00:28:24]branding.

[00:28:29]Hello What a property.

[00:28:59]Thank you, sir.

[00:29:14]Semester.

[00:29:39]Yes.

[00:29:40]guest possession.

[00:30:11]religion.

[00:30:21]Amen.

[00:30:40]Thank you.

[00:30:58]So, What is that?

[00:31:42]Yes.

[00:31:49]Yes.

[00:32:04]Tell me.

[00:32:12]Yes.

[00:32:24]Anyway, another Uh Oxygen piping.

[00:33:52]Dr. Househure Foreign speech. Foreign speech. Foreign speech.

[00:34:59]They are the person from whose account the monies have come. They are the partners of this main accused. Even if the honorable court was to consider their statement number one, they would be in the nature of a deemed approver because they are the person whose money who the partner money has been funded.

[00:35:12]So approval statement can't be looked at without the collaborative evidence. But even assuming they are not considered approaches statement alone cannot deprive me of a property. There must be something beyond the statement.

[00:35:34]But how can something has to be there at least otherwise there is no I will also put my case for that can't be how it will proceed something has to be there I'm not saying they are wrong they will but something admissible evidence of some nature otherwise this is a slippery slope of any statement property attach This is first of all not permissible.

[00:36:04]The law is amended after 17. This is impermissible. But that apart if they are saying that there is some illegal transaction something beyond a mere statement that level of true for cannot be a statement that is all I'm so that is that shows what I'm saying that those statements can't be looked into in the absence of any corroborative evidence. So, so please This one might Sorry sir.

[00:37:47]>> Yes.

[00:37:48]>> Now please honor. Now this suit is filed by the original planting for the pacific performance of the contract at the honorable court at the dollar. Now the initial stage the honorable court issue the order and the sus is issue by the register for by the original plaintiff.

[00:38:11]But even though the procedure of the civil procedure order 59 is not fulfilled because no no any issue original defendant at present.

[00:38:43]Submit this documentable service by the original plaintiff before this honorable court.

[00:39:01]is served. But is the wrong way.

[00:39:30]This is the main defense of the other side.

[00:39:39]Nonparty, not exarty, not by party.

[00:39:43]nonparty orders Contest party.

[00:40:41]nonparty.

[00:40:53]It's a notice. Now the process is another things under the civil procedure order.

[00:41:15]Document party order.

[00:41:58]later stage religion.

[00:45:32]Settle name.